MAHESH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition, under section 397 Code of Criminal Procedure read with Sec. 401, Cr.P.C, is directed against the order, dated the 3rd Feb., 1981 of the learned Chief Judicial Magistrate, Jhunjhunu, i.e. the trial Court, in Cr. Case No. 14/1980.

(2.) A report was lodged at Police Station Khetri, District Jhunjhunu by one Shri Balwant Singh, Tehsildar, Khetri, on which a first information report was registered under section 3/7 of the Essential Commodities Act, 1955, (hereinafter the Act). As a result of the investigation, the final report was submitted to the trial court. This report has been extracted in the impugned order, dated the 3rd Feb., 1981.

(3.) The substance of this report is that by investigation it has been found to be correct that the petitioner, Mahesh Chand of Khetri having licence No. 1975, obtained cement from the District supply Officer, Jhunjhunu and sold 75 bags of cement on Aug. 15, 1973 in black by charging Rs. 38.00per bag of cement. This sale was made without permit to Mangilal, Jaggu, and Sumer Singh, thus he committed an offence under Sec. 3/7 of the Act. On account of this result of investigation the District Supply Officer, Jhunjhunu had been asked to cancel the licence, however, at the end, it was mentioned that the witnesses, namely Sumer Singh, Mangelal, and Jaggu, had joined hands with the petitioner Mahesh Chandra. When the above report was filed before the trial court, the trial court took cognizance and summoned the petitioner Mahesh Chandra.